Page No.# 1/3 vs New India Assurance Co. Ltd. And 3 ...
2023 Latest Caselaw 683 Gua

                                                               Page No.# 1/3

GAHC010068222021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : I.A.(Civil)/999/2021

         DHRUBA LATA DEKA AND 2 ORS.
         W/O LATE JITEN DEKA, R/O SHANTI NAGAR, GOALPARA TOWN, PO
         BALADMARI, PS GOALPARA, PIN-783121

         2: NIDARSHAN PRABIR DEKA
          S/O LATE JITEN DEKA
          R/O SHANTI NAGAR
          GOALPARA TOWN
          PO BALADMARI
          PS GOALPARA
          PIN-783121

         3: SUDARSHAN PRABIR DEKA
         W/O LATE JITEN DEKA
          R/O SHANTI NAGAR
          GOALPARA TOWN
          PO BALADMARI
          PS GOALPARA
          PIN-78312

         VERSUS

         NEW INDIA ASSURANCE CO. LTD. AND 3 ORS.
         REP. BY ITS DIVISIONAL MANAGER, BONGAIGAON DIVISION,
         BONGAIGAON, PO AND DIST. BONGAIGAON, ASSAM, INSURANCE OF
         TRUCK AS-18-4377

         2:FARZUL HOQUE
          S/O MUKUL HUSSAIN
         VILL- RAMPUR
          PO AND PS KRISHNAI
          DIST. GOALPARA (OWNER)

         3:SAFIKUL ISLAM
                                                                            Page No.# 2/3

              S/O MOKSED ALI
              VILL- PAIKAN PART II (JHORABORI)
              PO AND PS KRISHNAI
              DIST. GOALPARA (DRIVER

Advocate for the Petitioner   : MR H DAS

Advocate for the Respondent : MS P BARTHAKUR




              Linked Case :

            DHRUBA LATA DEKA AND 2 ORS.



              VERSUS

            NEW INDIA ASSURANCE CO. LTD. AND 3 ORS. E



            ------------
            Advocate for : MR H DAS
            Advocate for : appearing for NEW INDIA ASSURANCE CO. LTD. AND 3 ORS. E



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

22.02.2023.

Heard Mr. H. Das, learned counsel for the applicants. Also heard Ms. M. Saikia, learned counsel for the respondents.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 107 days in preferring the connected appeal against the judgment and award dated 16.09.2021, passed by the learned Member, Motor Page No.# 3/3

Accidents Claims Tribunal, Goalpara in MAC Case No. 163/2016. The cause of delay is explained at paragraphs 4 and 5 of the connected application.

Ms. Saikia, learned counsel appearing for the respondents submits that she will have no objection, if delay is condoned.

Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraphs 4 and 5 of the connected application, this Court is of the opinion that the present applicants were prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected appeal, if same is not defective and list for Admission by showing the name of Ms. M. Saikia, learned counsel for the respondents in the cause list.

JUDGE

Comparing Assistant